Parking Places (Variation of Charges) Bill (First sitting)
The Committee consisted of the following Members: Chair: Mr Adrian
Bailey † Barwell, Gavin (Minister for Housing and Planning)
Carswell, Mr Douglas (Clacton) (UKIP) Clegg, Mr Nick (Sheffield,
Hallam) (LD) Cooper, Rosie (West Lancashire) (Lab) † Cunningham, Mr
Jim (Coventry South) (Lab) † Harris, Rebecca (Castle Point) (Con) †
Hoare, Simon (North Dorset) (Con) Johnson, Gareth...Request free trial
Parking Places (Variation of Charges) Bill (First sitting)
The Committee consisted of the following Members:
Chair: Mr
† Barwell, Gavin (Minister for Housing and Planning)
Carswell, Mr Douglas (Clacton) (UKIP)
Clegg, Mr Nick (Sheffield, Hallam) (LD)
Cooper, Rosie (West Lancashire) (Lab)
† Cunningham, Mr Jim (Coventry South) (Lab)
† Harris, Rebecca (Castle Point) (Con)
† Hoare, Simon (North Dorset) (Con)
Johnson, Gareth (Dartford) (Con)
McPartland, Stephen (Stevenage) (Con)
† Murray, Mrs Sheryll (South East Cornwall) (Con)
Pearce, Teresa (Erith and Thamesmead) (Lab)
Sharma, Mr Virendra (Ealing, Southall) (Lab)
† Smith, Nick (Blaenau Gwent) (Lab)
† Stewart, Bob (Beckenham) (Con)
† Tredinnick, David (Bosworth) (Con)
Whittaker, Craig (Calder Valley) (Con)
Glenn McKee, Committee Clerk
† attended the Committee
Public Bill Committee
Tuesday 31 January 2017
[Mr in the Chair]
Parking Places (Variation of Charges) Bill
9.30 am
- The
Chair
Welcome to the Committee. Just before we begin, please
ensure your electronic devices are switched to silent, and
I remind Members that tea and coffee are not allowed during
sittings.
No amendments have been tabled to the Bill, so we will
begin with a debate on clause 1. I suggest to Committee
members that any remarks they may wish to make that are
appropriate for clauses 2 and 3 can be made during that
debate. In other words, we will have a general debate about
the Bill on the Question that clause 1 stand part. If the
Committee is content with that suggestion, I will then put
the Questions that clauses 2 and 3 stand part of the Bill
formally, once we have completed consideration of clause 1,
on the basis that those clauses will already have been
debated. In essence, we will deal with all three clauses
together.
Clause 1
Procedure for varying charges at off-street parking places
Question put, That the clause stand part of the Bill.
- The
Chair
With this it will be convenient to consider whether clauses
2 and 3 stand part.
-
(Bosworth)
(Con)
It is a pleasure to serve under your chairmanship, Mr
Bailey, not least because you are a midlands Member of
Parliament and have a long length of service. The Bill is
particularly relevant to you given your experience as
deputy leader of Sandwell Borough Council between 1997 and
2000 and then your later experience as Chair of the Select
Committee on Business, Innovation and Skills between 2010
and 2015. Although you cannot comment on the Bill today in
your capacity as the Chair, I like to think you will feel
comfortable with what we are doing today and that it would,
indeed, have helped—and will help—Sandwell Borough Council
and that it would certainly be seen as beneficial by the
Committee you used to chair.
As a preamble, when I summed up at the end of the debate on
Second Reading, I said:
“I have always tried to keep in the back of my mind that
our job as Members of Parliament is to improve the quality
of life of the people we represent. Having listened to
today’s debate, I can say in all honesty that this modest
two-clause Bill”—
three, with a technical clause—
“will improve the quality of life in every city and town in
this country. I am most grateful for the Government’s
support.”—[Official Report, 25 November 2016; Vol. 617, c.
1195.]
To the Labour Front-Bench team, I am grateful for the
Opposition’s support. I understand, Mr Bailey, that they
will not be speaking today, but I have had discussions with
them before this and I am grateful that they have been
amenable to supporting the Bill.
I referred to every town and every city in this country.
For greater accuracy, I asked the Library to look out the
number of settlements we have that would be affected by
this Bill. According to the 2011 census, we have in this
country 56 cities, 696 towns with a population of 5,000 or
larger and 1,590 settlements with a population of 1,000 to
5,000. This shows the scale of the places where the Bill
can have an impact.
It is significant for me, as a Back Bencher, to bring a
private Member’s Bill to a Public Bill Committee that can
have an impact not just on one area of the country. My hon.
Friend the Member for South East Cornwall has a very
special place here because she has taken through two or
three private Member’s Bills, and it is a great comfort to
have her here as an expert. She has done so much for the
fishing community with her private Member’s Bills, which
were specific to that community in Cornwall, which she has
defended so well in her time in this place. When this Bill
becomes law, as I hope it will, it will affect every
village in England that has parking restrictions. The scope
of the Bill includes Wales, but it will not apply in Wales
for technical reasons.
The value of UK retail sales in 2015 was £339 billion. That
will provide jobs for 3.3 million employees by 2017 in
approximately 287,000 outlets. The major challenge to high
streets in this day and age is internet competition. One of
the reasons why the Bill is important for local communities
of all sizes is that it will enable councils to fight back
against internet competition as part of their armoury. The
Bill will give the Government power to streamline the
procedures local authorities must follow to reduce parking
charges. It will provide a power for local authorities to
consult local businesses and residents when increasing
parking charges.
On Second Reading in late November, on the spur of the
moment, I described this as a “Santa Claus” Bill, because
it had the capacity for councils to reduce parking charges
at a stroke before Christmas when they want to increase the
demand for services in a local area. I will explain in a
moment the difference between where we would be after the
Bill and where we are now. This clearly caught the
imagination of the House authorities. For greater accuracy,
I have brought something along. They decided to produce a
Christmas decoration that had on it, “Santa Act 2016”. I
gather they were hot bestsellers. I have to tell the
Committee—
- The
Chair
Order. I hate to interrupt the hon. Gentleman’s superb
presentation, but may I remind him that it is not
appropriate to bring visual aids to debates in the Commons?
-
I am most grateful to you for reminding me of something
that I knew very well. I crave your indulgence, Mr Bailey.
Being a superstitious person, I most certainly did not put
anything on my tree that had “Act” on it, because this is
not an Act and we still have procedures to go through.
However, it is indicative of how anything to do with good
will fires the imagination of the public and people like
it.
I have referred to the importance of high-street shopping
and given some statistics. My own main town of Hinckley was
recently a finalist in the Great British High Street
competition. Part of the way that we do things in Hinckley
and Bosworth Borough Council is to look very closely at
cost-effective parking, which is seen as essential. It
already has a process of consultation in place with the
local business organisations. However, this is not the case
all over the country.
To get to the meat of the Bill, clause 1 provides the
Government with a power to make regulations that simplify
the procedure to follow for lowering parking charges. At
present, councils must give 21 days’ notification in the
press and place signage in the car parks if they want to
lower their charges. The private sector, however, can take
a business decision to lower charges without going through
this process. To give councils flexibility to reduce their
charges, clause 1 allows the Government to simplify the
requirement, putting local authorities on an even footing
with the private sector.
Equally importantly, councils should consider the effect of
increased parking charges on the high street. Clause 1
therefore makes provision for a consultation requirement,
so that councils take on board the views of local
businesses and residents when they are looking to increase
parking charges on an existing traffic order. They must
already consult when a traffic order is set up; however, it
is proportionate to expect them to consult if they want to
raise charges during the life of the traffic order.
I was asked on Second Reading what consultation looks like
and to give a commitment to define it. I understand that my
hon. Friend the Minister may have something to say about
this and that some work is in hand to come up with
illustrative regulations in due course. That is very
helpful, and I thank him. These proposals also make
provision for a circumstance where consultation is not
required: where a local authority has lowered charges for a
temporary period and is returning them to an existing
level. The great thing about the Bill is that it will give
councils the flexibility, instead of having to put a notice
in the local papers 21 days before changing a charge, to
decide that a car park is empty and that it needs to fill
it to take the pressure off another end of the town, as in
Hinckley, and they can do so immediately. Or, as the chief
executive of Hinckley pointed out to me, it can reduce the
charges after the Christmas sales, when people do not want
to come into the town as much as before Christmas, and then
bring them back up again. It gives a very simple power to
local authorities to be flexible, which is important.
Taken together, both elements of the clause offer councils
a real opportunity to take the views of their local
communities into account, while giving councils
flexibilities where decreases to parking charges are
possible and can be made to better support the goal of
thriving town centres. I was going to urge the Committee to
agree that this clause stand part of the Bill, but since we
are taking the other clauses at once, it may be appropriate
if I urge the Committee to agree that all the clauses stand
part of the Bill.
- The
Chair
Yes.
-
Clause 2 is about the procedure for varying charges at
designated parking places. It will apply the clause 1
provisions to designated parking bays, better known as
on-street parking.
Clause 3 deals with the extent, commencement and short
title of the Bill. This is the final clause that we will
consider and it covers the usual matters: the extent of the
Bill, the provisions for commencing its clauses and for
laying regulations as necessary, and the title of the Bill.
The matter of its extent has been raised in drafting the
Bill. The Act will extend to Wales, as I said earlier; but
for the avoidance of doubt, officials at my hon. Friend the
Minister’s Department have already clarified that, if the
Bill is passed, it will form part of the law of England and
Wales. It would not make sense for it to extend to England
and not Wales, because England and Wales is one
jurisdiction and legislation cannot form part of the law of
England without forming part of the law of Wales. However,
the application of the Bill’s substantive provisions—their
practical effect—will be restricted to England. The Welsh
Government have confirmed that they are happy with this
interpretation and with the rationale for Wales being
mentioned in the Bill.
I urge the Committee to agree that these clauses stand part
of the Bill.
- The
Chair
Before I go any further, I understand that the hon. Member
for Blaenau Gwent is standing in for the shadow Minister
but not opposing the Bill. Does he wish to say anything?
-
(Blaenau Gwent)
(Lab)
Thank you, Mr Bailey. I shall make a very short
contribution because, as you say, I am standing in for my
colleague this morning. My hon. Friend the Member for Erith
and Thamesmead sends apologies; she is ill today. Labour
will not oppose the Bill. We hope that it will support
cost-effective parking across the country in the future.
-
Mrs (South East Cornwall)
(Con)
It is a pleasure to serve under your chairmanship, Mr
Bailey. I shall make a short contribution. I congratulate
my hon. Friend the Member for Bosworth on bringing in the
Bill. I want to ask the Minister to clarify a few things. I
live in a council area in Cornwall run by a Liberal
Democrat-independent administration that was recently going
to put up parking charges and, in certain circumstances,
introduce parking charges where there had been none. That
was of great concern to my constituents. I understand that
the council will consult local businesses, which I welcome,
and such other organisations that represent people who are
likely to be affected. How will such other organisations be
selected, and how will individual users, who are most
likely to affected, have their say?
I will give a little history to my concerns. When Cornwall
Council was formed, over 80% of the electors in Caradon
district, where I live, voted in a poll during the
consultation period against the formation of the unitary
council. That poll was ignored by the Liberal Democrats who
run the County Council.
9.45 am
- The
Chair
Order. May I remind the hon. Lady that we are discussing
parking charges? I understand that there might be some
general political points to be made in the context of
parking charges, but she seems to be straying rather a long
way from it at the moment.
-
Mrs Murray
I apologise if you have that view, Mr Bailey. I was going
to go on to say that that was much in the same way that the
Bill has been ignored by the right hon. Member for
Sheffield, Hallam, who was down to attend this Committee
but is clearly not present.
Will the Minister explain how that situation will not arise
when we consult on the increase in parking charges? What
power if any is there to stop a rise in parking charges if
councillors choose to ignore that consultation in the way I
have outlined?
Thank you, Mr Bailey, for allowing me to make this short
contribution; I fully support my hon. Friend’s Bill.
-
The Minister for Housing and Planning (Gavin Barwell)
It is a pleasure to serve under your chairmanship, Mr
Bailey, for the first time today. I congratulate my hon.
Friend the Member for Bosworth on bringing forward this
very welcome Bill.
I know from my experience of taking the Mental Health
(Discrimination) Act 2013 through the House that it is a
very significant undertaking for a Member of Parliament to
negotiate a private Member’s Bill through with the
Government and Opposition and to secure the broad-based
support that my hon. Friend has been able to achieve. I
congratulate him not only on behalf of his constituents—as
he said, the Bill will benefit people right across the
country.
I welcome the opportunity to speak on behalf of the
Government to support clause 1 and the Bill. It sets the
framework for regulations that will simplify the procedures
that local authorities must follow if they want to lower
their parking charges and, in clause 1, their off-street
parking charges. The Bill also introduces a consultation
requirement, which my hon. Friend the Member for South East
Cornwall referred to, if local authorities want to increase
their charges.
I am sure all members of the Committee agree that high
streets, and town and village centres, continue to play an
essential role in the lives of our communities. Parking
plays an important role in providing access to those
centres. Again, I am sure the Committee will agree that, in
this day and age, we want to do everything we can to
encourage people to walk, cycle and use public transport,
but we need to recognise that, if we want thriving centres,
some people will want to travel there by car. It is
important that provision is made to enable them to park
close to those centres at a reasonable price. There is
strong evidence that the cost of car parking informs
decisions made by shoppers on whether they will travel to a
particular town centre or choose an alternative location,
in some cases out of town.
I have experience of that in my constituency. To avoid
straying into party political matters, Mr Bailey, I will
say a good thing and a bad one. Historically, a previous
Labour administration in my town sold off our multi-storey
car parks and the charges have gone right up. That has been
a significant problem in Croydon town centre. I am pleased
that last night the Labour council announced that it would
introduce an hour’s free parking in districts across the
borough. That illustrates both the good and the bad impact
that council decisions can have on our communities.
The Government are committed to promoting town centres as a
thriving place at the heart of our communities, whether for
shopping, leisure, or perhaps a trip to a restaurant or
pub. I believe the clause will help to ensure that all
councils have the opportunity to respond effectively to
calls by local people and businesses to reduce their car
parking charges. As my hon. Friend the Member for Bosworth
alluded to, that may include supporting events in a
particular centre with temporary reductions to charges,
which will attract more visitors and benefit that local
economy. The clause allows for regulations to remove the
requirements to give three weeks’ notice in the press of an
intent to reduce charges. If local authorities are reducing
charges, the Government view it sufficient for them to
notify people via their websites with only one day’s
notice.
The Government strongly believe that it is right and proper
for local authorities to consult their local communities
and town centre businesses when proposing to increase
charges—that point was raised by my hon. Friend the Member
for South East Cornwall. I am sorry to hear of Cornwall
Council’s proposals. This is not about the Government
dictating how local councils should set their parking
policies, but about asking councils, in the spirit of
localism, to listen to the views of local communities
before they increase charges. To directly answer her
question, there is no power in the Bill to prevent a
council from increasing charges. We are asking councils to
have a consultation before they take that decision. That
seems to me to be the right balance in terms of where the
House should set policy.
My Department has prepared draft illustrative regulations
to try to assist the Committee in scrutinising the
legislation. I believe that those regulations were shared
with members of the Committee yesterday. I particularly
draw the Committee’s attention to those illustrative
regulations recognising a specific circumstance to try to
ensure that this part of the clause is proportionate. They
include provision that there would not have to be a
consultation if a council had temporarily reduced charges
to support a particular event and was then increasing them
back to the previous level. That would clearly be a
perfectly reasonable thing for a council to do. It would be
disproportionate to make it consult in those circumstances.
To ensure the measures work in practice, prior to the
introduction of any regulations, the Government will
consult local authorities, the Local Government Association
as the representative body of local government in England,
the British Parking Association and others to ensure that
their views are taken into account before the regulations
are made. Furthermore, Parliament will have an opportunity
to consider any regulations under normal secondary
legislation procedures. I inform the Committee that my
Department will undertake a new burdens assessment to
establish the administrative cost if any of local
authorities’ duty to consult.
You have asked us to debate clauses 2 and 3 as part of the
clause 1 stand part debate, Mr Bailey. My hon. Friend the
Member for Bosworth has noted that clause 2 essentially
applies the same provisions as clause 1 but to designated
parking bays—on-street parking, in other words. I have no
additional comments to make about those provisions, other
than to say that the Government support clause 2 as we do
clause 1. Finally, on clause 3, my hon. Friend has again
succinctly summarised the position, and I have no comment
to make other than to say the Government support it.
Although the Bill is short, it makes an important
contribution to an issue about which all of our
constituents feel strongly. It is about their ability to
access local businesses in their village, district or town
centre, and if they need to do so by car, to do so easily
and at a proportionate cost. From the late 1980s and ’90s,
we have seen the rise of out-of-town shopping and, more
recently, the rise of online shopping. It is important that
Parliament and local councils take steps to do all we can
to ensure that this country continues to have the thriving
centres, which mean so much to us all and help to define
the communities in which we live. It is a pleasure to
support my hon. Friend’s Bill. I congratulate him on
bringing it this far and wish it continued success.
-
I thank the Minister and my hon. Friend the Member for
South East Cornwall for their remarks, and I thank the hon.
Member for Blaenau Gwent for his support.
It is not necessarily easy to come up in the ballot for
private Members’ Bills—it is an uncertain process. This
year amazingly represents 30 years of service for me in the
House. It is particularly special for me to bring a Bill
this far through the process to Committee and hopefully
through its remaining stages. It will have a wide-ranging
impact on the quality of life in every town, city and
village in the country.
Bosworth is of course named after the battle of Bosworth in
1485, when English history changed, but it is particularly
special for me to make this present to the people of
Hinckley, which is the main town in my constituency. It
gives the council the power to vary parking charges in the
different car parks all over the town, particularly at a
time when there is competition not only from the internet
and online shops, but from other towns in the area. I have
always been delighted to represent my town of Hinckley, and
I am absolutely delighted to introduce the Bill.
I thank colleagues of all parties for their support. Thank
you, Mr Bailey, for chairing this Committee.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 and 3 ordered to stand part of the Bill.
Bill to be reported, without amendment.
-
On a point of order, Mr Bailey. It is my hope and
expectation that this Bill is reported on Friday this week
and proceeds to Third Reading on that day.
- The
Chair
Thank you.
9.58 am
Committee rose.
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